Florida handles small disputes, like an unreturned deposit, a bad repair job or an unpaid personal loan, in county court under the Florida Small Claims Rules. The most you can claim is $8,000 [1].
At a glance
- Limit
- $8,000, not counting costs, interest and attorney fees [1]
- Court
- County court, under the Small Claims Rules [1]
- Filing fee
- $50 to $295, depending on the amount [2]
- First court date
- A pretrial conference within 50 days of filing [1]
- Trial
- Within 60 days after the pretrial conference [1]
- Lawyer needed?
- No, but you can have one
What it costs to file
The clerk charges a filing fee based on how much you’re claiming [2]:
| Amount claimed | Filing fee |
|---|---|
| Less than $100 | $50 |
| $100 to $500 | $75 |
| More than $500, up to $2,500 | $170 |
| More than $2,500, up to $8,000 | $295 |
Ask for your costs in your statement of claim. To have the other side pay them, you generally file a motion within 30 days after the judgment; if you win by default and asked for costs in your claim, no extra motion is needed [1]. If you can’t afford the fees, ask the clerk whether you can apply to be declared indigent .
Where to file
You file a short statement of claim that tells the other side what the claim is about and how much you want. If it’s based on a written document, like a contract or promissory note, attach a copy [1]. The county clerk’s office has forms.
The right county is one where [1]:
- the contract was entered into,
- the event behind the claim happened,
- the property is, if you’re trying to recover property, or
- a defendant lives.
If you’re sued in the wrong county, you can ask for the case to be moved.
The pretrial conference
Your first court date isn’t a trial. It’s a pretrial conference, set by the clerk no more than 50 days after you file [1]. Both sides must appear, in person or by approved video. At the conference, the court sorts out [1]:
- what’s actually in dispute,
- whether either side needs to amend their papers,
- which facts and documents both sides agree on,
- how many witnesses will testify, and
- whether the case can settle. Mediation often happens right there.
Any agreement reached in mediation is written up and can become a court order [1].
Trial
If the case doesn’t settle, the court sets a trial no more than 60 days after the pretrial conference, with at least 10 days’ notice [1]. Bring:
- The contract, invoices, receipts or lease.
- Photos, texts and emails, printed and in order.
- A simple timeline of what happened and the amount you’re asking for, with the math.
- Any witnesses. A written statement usually isn’t as strong as a person who appears.
Winning isn’t the same as getting paid
A judgment says the other side owes you. It doesn’t move the money. If they don’t pay, you’ll need further court steps to collect, and some property is exempt from collection under Florida law [1]. The clerk’s office can explain the options in your county.
Sources
Common questions
What is the small claims limit in Florida?
$8,000, not counting court costs, interest or attorney fees. Cases are filed in county court under the Florida Small Claims Rules.
How much does it cost to file small claims in Florida?
The base filing fee depends on the amount: $50 under $100, $75 for $100 to $500, $170 for more than $500 up to $2,500, and $295 above $2,500. Serving the other side costs extra.
What happens if the defendant doesn't show up to the pretrial conference?
The plaintiff can get a default. The judge then takes evidence of the damages and enters a judgment.